Seaside Municipal Code Art. V Enforcement

The primary focus of this chapter is to reduce and control storm water impacts, and the city will use the amount of enforcement necessary to achieve compliance. Where possible the city will rely on education rather than enforcement. The city engineer may provide education programs or other informational materials that will assist in meeting the desired erosion and sedimentation controls, and other storm water management practices outcomes.

(Ord. 959 § 2 (Exh. A), 2007)

Whenever the city engineer has cause to believe a person has violated a prohibition or failed to meet a requirement of this chapter, the city engineer shall provide written notice of the alleged violation to that person, if the matter cannot be resolved on site. If the location of the individual is not known, this notice shall be conspicuously posted at the site of the violation. The notice shall provide that person or property owner(s) an opportunity to be heard as to: (A) why abatement of the alleged violation and/or restoration of affected property should not be required, (B) why compliance measures stated by SMC § 8.46.280 shall not apply, and/or (C) why an administrative civil penalty assessment shall not be imposed.

The notice shall set forth a deadline following such hearing within which remediation or restoration shall be completed. The notice shall advise that should the violator fail to remediate the violation within the established deadline the remediation work may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged to the violator pursuant to SMC § 8.46.330.

(Ord. 959 § 2 (Exh. A), 2007)

Whenever any activity including, but not limited to, construction activity is being done contrary to and in violation of this chapter, the city engineer may order any activity, including, but not limited to, construction activity, stopped by noticing in writing, posted on the premises, or served on the responsible party. The responsible party shall forthwith stop such work until authorized by the city engineer to proceed.

(Ord. 959 § 2 (Exh. A), 2007)

In accord with the notice issued under SMC § 8.46.230 the city engineer shall provide person(s) alleged to have violated a prohibition or failed to meet a requirement of this chapter with an opportunity to be heard and to controvert evidence of the violation, and/or evidence pertaining to remediation efforts or other enforcement remedies.

This proceeding may be held by the city engineer or by a delegated agent. The city shall have the burden to provide, by a preponderance of evidence, noncompliance or violation of the provisions of this chapter. The decision shall be written and served upon all affected persons and/or property owners. A determination that a violation occurred shall incorporate therein an administrative compliance order, and shall state whether or not an administrative civil penalty assessment shall be assessed.

(Ord. 959 § 2 (Exh. A), 2007)

When supported by a preponderance of evidence adduced at the hearing held under SMC § 8.46.250 that a violation of this chapter has occurred the city engineer shall issue a written administrative compliance order that specifies therein the violation(s) and compliance measures needed to abate, remedy or remediate each violation. The administrative compliance order may impose an administrative civil penalty assessment for any violation.

(Ord. 959 § 2 (Exh. A), 2007)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Failure to comply with any of the requirements of this chapter shall constitute an infraction, a citation may be issued to the responsible party, and shall be punishable as set forth in SMC § 1.16.030.

(Ord. 959 § 2 (Exh. A), 2007)

Compliance measures imposed to abate, remedy or remediate violations of this chapter may include, but shall not be limited to, one or more of the following, without limitation:

A. Cease and desist violating discharges, practices or operations;

B. The elimination of illicit connections or discharges;

C. The implementation of source control or treatment BMPs;

D. The performance of monitoring, analyses and reporting;

E. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

F. Payment of an administrative civil penalty assessment;

G. Payment of fees to compensate remediation costs incurred by the city or its contractors;

H. Payment of fees to compensate for administrative costs incurred by the city or its contractors relating to enforcement, monitoring or reporting; and

I. Deposit of an undertaking or presentation of a bond to assure completion of remediation and/or compliance efforts.

(Ord. 959 § 2 (Exh. A), 2007)

All notices/orders shall be served: (A) by personal service; or (B) by certified mail/return receipt requested, with a duplicate copy sent by first class mail, postage prepaid. Any notice/order served by mail shall be deemed received for purposes of time computation hereunder five calendar days after the date mailed if to an address within this state, and seven calendar days after the date mailed if to an address outside this state.

(Ord. 959 § 2 (Exh. A), 2007)

Upon receipt of notice of administrative civil penalty assessment the alleged violator may request a conference with the city manager or designee. The city manager or designee may compromise or settle any unpaid administrative civil penalty assessment. A request to settle under this section shall not act as a stay or otherwise affect the filing or processing of an appeal under SMC § 8.46.310.

(Ord. 959 § 2 (Exh. A), 2007)

An affected party may appeal the determination of noncompliance or violation of provisions of this chapter, the administrative compliance order, and/or the administrative civil penalty assessment made pursuant to SMC § 8.46.300.

The notice of appeal must be received by the city manager within seven calendar days from the date of the violation determination, or from the date of the stop work order for an appeal of that order. The appeal shall state the name and address of the appellant, the name of any representative, the portion of the determination being appealed, the reason the determination is incorrect, and a statement as to what the correct determination should be. Failure to file a complete statement within the time or manner set forth shall constitute a waiver of objection and the appeal shall be dismissed.

The city clerk shall set the matter for public hearing by the city manager or designee and shall convene the hearing within thirty calendar days from the date of receipt of the notice of appeal. At least ten calendar days prior to the scheduled hearing, the city shall mail notice as set forth in SMC § 8.46.290 of the time and place of the hearing to the appellant. The hearing to review the matter shall be based on: (A) the record of proceedings held pursuant to SMC § 8.46.250, and (B) evidence presented to the city council, the city council shall render its de novo determination on the matter(s) appealed. The city shall provide written notice of action taken on the appeal, including revisions to the administrative compliance order, as appropriate, and such action shall be final.

(Ord. 959 § 2 (Exh. A), 2007)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under SMC § 8.46.310, within ten calendar days of the decision of the city manager or designee upholding the decision of the city engineer, then the city or a contractor designated by the city engineer shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. 959 § 2 (Exh. A), 2007)

Within thirty calendar days after abatement of the nuisance by the city, the city engineer shall notify the owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the city clerk within seven calendar days. The city clerk shall set the matter for public hearing by the city council. At least ten calendar days prior to the scheduled hearing, the city shall mail notice as set forth in SMC § 8.46.290 of the time and place of the hearing to the property owner. The decision of the city council shall be ratified by resolution and shall be final.

The amount due shall be paid within thirty calendar days of the decision of the city manager or designee or the expiration of such time as is set for payment. Thereafter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The city clerk shall cause an entry to be made on the tax roll opposite the description of the property, as follows: “Abating public nuisance, $________,” filling in the amount of the expense in each particular case, and the auditor/tax collector shall cause a corresponding entry to be made on the current assessment roll for the property; and thereafter before any further payment shall be received for any tax or for the redemption of said property, the cost of abating such nuisance shall first be paid.

(Ord. 959 § 2 (Exh. A), 2007)

The city engineer is authorized to require immediate urgent abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the city engineer, the city is authorized to obtain an urgent judicial abatement warrant to enable entry onto private property and any and all measures required to remediate the violation. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner in accord with SMC § 8.46.330.

(Ord. 959 § 2 (Exh. A), 2007)

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city engineer may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other remedial activity.

(Ord. 959 § 2 (Exh. A), 2007)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is determined to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.

(Ord. 959 § 2 (Exh. A), 2007)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to it may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. 959 § 2 (Exh. A), 2007)